# C_2022051EN.01000401.xml

| 31.1.2022 | EN | Official Journal of the European Union | C 51/4 |
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31.1.2022

EN

Official Journal of the European Union

C 51/4

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Judgment of the Court (Grand Chamber) of 23 November 2021 — Council of the European Union v Hamas

(Case C-833/19 P) (1)

(Appeal - Common foreign and security policy - Fight against terrorism - Restrictive measures against certain persons and entities - Freezing of funds - Common Position 2001/931/CFSP - Regulation (EC) No 2580/2001 - Continued inclusion of an organisation on the list of persons, groups and entities involved in terrorist acts - Statement of individual reasons notified to the organisation set out in a separate document from that containing a general statement of reasons - Authentication of the statement of individual reasons - Article 297(2) TFEU)

(2022/C 51/04)

Language of the case: French

Parties

Appellant: Council of the European Union (represented by: B. Driessen and S. Van Overmeire, acting as Agents)

Other party to the proceedings: Hamas (represented by: L. Glock, avocate)

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the General Court of the European Union of 4 September 2019, Hamas v Council (T-308/18, EU:T:2019:557), in so far as it upholds the eighth plea relied on at first instance and annuls Council Decision (CFSP) 2018/475 of 21 March 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2017/1426; Council Implementing Regulation (EU) 2018/468 of 21 March 2018 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) 2017/1420; Council Decision (CFSP) 2018/1084 of 30 July 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2018/475; and Council Implementing Regulation (EU) 2018/1071 of 30 July 2018 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) 2018/468, in so far as those acts concern Hamas, including Hamas-Izz al-Din al-Qassem; |
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1.

Sets aside the judgment of the General Court of the European Union of 4 September 2019, Hamas v Council (T-308/18, EU:T:2019:557), in so far as it upholds the eighth plea relied on at first instance and annuls Council Decision (CFSP) 2018/475 of 21 March 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2017/1426; Council Implementing Regulation (EU) 2018/468 of 21 March 2018 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) 2017/1420; Council Decision (CFSP) 2018/1084 of 30 July 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2018/475; and Council Implementing Regulation (EU) 2018/1071 of 30 July 2018 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) 2018/468, in so far as those acts concern Hamas, including Hamas-Izz al-Din al-Qassem;

| 2. | Dismisses the action brought in Case T-308/18 by Hamas; |
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2.

Dismisses the action brought in Case T-308/18 by Hamas;

| 3. | Orders Hamas to bear its own costs and to pay the costs incurred by the Council of the European Union in the present appeal and at first instance. |
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3.

Orders Hamas to bear its own costs and to pay the costs incurred by the Council of the European Union in the present appeal and at first instance.

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(1)  OJ C 10, 13.1.2020.

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